It is led by the prime minister. A smaller executive body, called the Union Cabinet is the supreme decision-making body in India.[2] Only the prime minister and ministers of the rank of cabinet minister are members of Union Cabinet as per Article 352.

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As Per Article 75(3), the Council of Ministers is responsible collectively to the lower house of the Indian parliament, called the Lok Sabha (House of People).[1] When a bill introduced by a minister in the Lok Sabha is not approved by it, entire council of ministers is responsible and not the minister. The council of ministers upon losing confidence of Lok Sabha shall resign to facilitate new government formation.

A minister shall not take any decision without being considered by the council of ministers per Article 78(c). All union cabinet members shall submit in writing to the President to propose proclamation of emergency by the president per Article 352.

According to the Constitution of India, the total number of ministers in the council of ministers must not exceed 15% of the total number of members of the Lok Sabha. Ministers must be members of parliament. Any minister who is not a member of either of the houses of the parliament for six consecutive months is automatically stripped off his or her ministerial post.[1]

Every state in India is governed by its council of ministers with rules and procedures similar to union council of ministers per Articles 163, 164 and 167(c). There is no concept of cabinet rank minister in the council of ministers.

Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region; Minister of State in the Prime Minister’s Office; Minister of State in the Ministry of Personnel, Public Grievances and Pensions; Minister of State in the Department of Atomic Energy; and Minister of State in the Department of Space